Appeals

An appeals court has upheld a ruling that said "like diamonds, easements are forever", finding users of the Unley Shopping Centre do not have right of way over a council carpark and access point adjoining the Adelaide shopping centre.

Otsuka Pharmaceuticals has asked the High Court to overturn a decision revoking its Abilify patent extension, saying the ruling, which limited the extension-of term scheme to active substances only, will “lead to a groundswell of court proceedings”.

ASIC has questions about the “bona fides” of a rental company’s appeal of a $7.4 million penalty for unlawful loan agreements, telling a court it needs to see evidence about the “very rapid decline” of the company’s financial position.

The High Court has revived a class action by small business owners over the interference caused by the construction of the Sydney light rail network.

Law firm Atanaskovic Hartnell can't appeal a stay of a costs order in its dispute with media mogul Bruce Gordon, with an appeals court saying disputes fuelled by their “mutual animus” should not be encouraged. 

An appeals court has found a note left on the iPhone of a late businessman with an estate worth over $13 million counts as his last will and testament.

A Sydney developer has successfully challenged a decision which rejected its plans to demolish a 32-room boarding house for the construction of four luxury residences in Paddington, with a judge calling the decision "personal and idiosyncratic".

A developer has failed to revive its $400 million lawsuit against an investor over a development at the site of the former Pentridge Prison in Victoria, with an appeals court agreeing the case was properly dismissed. 

The High Court has unanimously granted home retailer Bed Bath N’ Table’s appeal of a ruling that retailer House did not engage in misleading and deceptive conduct in setting up its Bed & Bath stores.

Ramsay Health Care has lost its challenge to development approval for a community health care services centre near its Greenslopes Hospital in Brisbane, with a court finding the centre would not interfere with the hospital’s operations.